My latest piece at PJ Tatler writes about the appearance of notaries in Mississippi harvesting ballots who formerly engaged in illegal conduct over the years. I quote from a US District Court opinion about their behavior and note “this is the sort of voter fraud that academics and political hacks (but I repeat myself) say is rare and doesn’t really amount to much.”
Many academics who purport to be academically disinterested in election law issues are in fact raving partisan hacks. But that’s not news.
What is news is that one academic, Rick Hasen, has decided to deceptively feature a comment in a Bretibart story at his blog. Classes must have ended.
Under a blaring headline, Hasen lies:
J. Christian Adams Wrongly Suggests Poll Workers Should Exclude Democrats from Voting in Mississippi Primary
Hasen quotes a Breitbart story where the entirety of my appearance is here:
The Mississippi law Adams cites, MS Code 23-15-575, states: “No person shall be eligible to participate in any primary election unless he intends to support the nominations made in which he participates.”
“Mississippi law prohibits Democrats from voting in a Republican primary,” Adams said in an emailed statement. “Obviously poll workers aren’t mind readers. But if someone doesn’t intend to support the nominee in November, then that person isn’t allowed to vote in the Republican primary.”
So how does Hasen lie? Let’s count the ways.
First the headline. Exclude? Where do I suggest any action by the MS GOP in the story? I don’t. But Hasen knows all the dog whistles for his audience.
Next, Hasen obviously ignores the significance of all that I have said about the law at issue. The Breitbart story notes “poll workers aren’t mindreaders.” I’ve also tweeted that Carnac the Magnificent and the Amazing Kreskin might have to be recruited to work the runoff to enforce this law. I litigated this issue (which naturally Hasen never has) and the Mississippi law has been in the news quite a bit over the years.
Which brings us to the third mischaracterization by Hasen – that the Mississippi law doesn’t exist. It does, still. Now that might not matter to a law professor at a law school (congratulations by the way on the recent accreditation of the school). But it matters to folks in Mississippi. Hasen makes much of Judge Pepper’s district court opinion being vacated on standing grounds. That supports me, not contradicts me, though you’d never know it from Hasen’s dishonest hack piece. That means that the statute is still in force and no court has struck it down, which brings us to the Mississippi Attorney General’s opinion. Of course the opinion is just that, an opinion. The opinion does not state the law is unconstitutional, but it does state the law has weaknesses in enforcement. (See my comments about Kreskin) One Democrat tried to enforce it by publishing a list of names of white voters and saying they wouldn’t be allowed to vote. I argued that was an 11b violation, and the district court disagreed. Had the mirror image occurred, you’d find Josh Marshall and his left wing blogger buddies frothing at the mouth to talk about voter intimidation.
But Hasen’s lie turns on a verb – excludes. He says I suggested Democrats should be excluded. I didn’t. I’m sure he’ll quibble and say that was what was suggested, but it wasn’t. There should be an apology and a retraction. But I don’t really care what Rick Hasen does. He once badgered this blog because his comments weren’t being approved fast enough, as if he pays the bills here. In fact, comments don’t get approved very quickly here, ever. Comments at his blog – well… they don’t exist.
Such are the ways of academia: pretend laws aren’t laws, misquote and twist facts for a cause (See, Pam Karlan, http://pjmedia.com/jchristianadams/2013/10/11/the-dangerous-dishonesty-of-possible-supreme-court-nominee-pam-karlan/) and do whatever you can to influence the political process from your perch in the ivory tower.